Agenda - 12-01-2003-5b - Laserfiche WebLink

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i ~~ Volpe Corrser^vatior: Easement 11-14-03 draft (clear:) view the Easement Area from adjacent publicly accessible areas such as public roads acid wateru+ays. 7, ENFORCEMENT. The Grantee shall have the right to prevent and correct violations of the terms of this Conservation Easement, (a) With advance written notice the Grantee may enter the Easement Area for the purpose of inspecting for violations. If the Grantee finds a violation, it may, in its discretion, take appropriate legal action, Except when an ongoing or imminent violation could substantially diminish or' impair the conservation values of the Easement Area, the Grantee shall give the Grantors written notice of the violation and sixty (60) days to correct it (or begin good faith efforts to correct in the event the violation is something which camxot be reasonably corrected in sixty (60) days) before filing any legal actions. Grantee has the right to enforce the teens of this Conservation Easement by civil action, including the remedy of injunction, mandatory and prohibitory. The failure of the Grantee to discover a violation or to take inunediate legal action shall not bar it from doing so at a later time. (b) Grantee shall not bring any action against Grantors for airy injury or change to the Easement Area caused by third parties, or resulting from causes beyond the Grantors' control, including, without limitation, fre, flood, stone and naturally caused earth movement, or from any prudent action taken in good faith by the Grantors under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to the Easement Area or harm to the Easement Area resulting from such action. 8. TRANSFER OF EASEMENT.. The parties recognize and agree that the benefits of this easement are in gross and assignable, The Grantee shall have the right to transfer or assign this Conservation Easement to any qualified organization that, at the time of hansfer, is a "qualified organization" under Section 170(h) of the U.S. Internal Revenue Code and provided the organization expressly agrees to assume the responsibility imposed on the Grantee by this Conservation Easement, If the Grantee ever ceases to exist or no longer qualifies under Sec. 170(h) or applicable state law, a court with jurisdiction is hereby authorized to transfer this easement to another qualified organization having similar purposes that agrees to assume the responsibility, 9. TRANSFER OF EASEMENT AREA, Grantors shall notify Grantee, in writing, at least thirty (.30) days prior to any conveyance by Grantors of the Easement Area or any interest in the Easement Area, and the document of conveyance shall expressly refer to this Conservation Easement and, by its teens, the conveyance shall be made suUject to and subordinate to this Conservation Easement. 10. AMENDMENT OF EASEMENT, This easement maybe amended only with the written consent of Grantors and Grantee. Any such amendment shall be consistent with the Page 8 of 14